Posted on Jul 5, 2015
Can a senior leader force subordinate soldiers to write a legal statement against their will?
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I have a unique situation. An incident that is being blown out of proportion has come up with one of my fellow soldiers and it's beginning to involve my entire team. We were present when the perceived "unbecoming behavior" happened, although this is normal banter among the enlisted. At the time, the victim did not express any concern. A few civilian contractors were apart of this as well. All in all, something that was said is being brought back up to the contractors boss and the soldier is attempting to get him fired. My soldiers and I are being forced to write a sworn statement but not on a DA form 2823. We actually want nothing to do with this situation.
Can soldiers be forced to write out a non-standard sworn statement against a civilian contractor?
Sorry to be vague, any assistance or insight would be helpful.
Can soldiers be forced to write out a non-standard sworn statement against a civilian contractor?
Sorry to be vague, any assistance or insight would be helpful.
Posted in these groups: 
Leadership
JAG
Leadership JAG
Posted >1 y ago
Responses: 201
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No it's an unlawful order and coercion which wouldn't stand up to legal scrutiny.
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SSG Richard Reilly
So it depends on the situation. Gould glad your chiming in on this weren't you TDS for awhile?
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SSG Erik Petterson
Let me clarify something. Anyone can make a statement, whether a false or true statement. In short, a person can take a shit on a DA 2823 form, have it witnessed by others, Notarized by the S-1, and it's still "SHIT". Yes,..I have had a former Co. commander and 1SG try and force me to perjure myself, (they failed I notified I.G.) and, I have had Federal Civilian employees perjure themselves on a legal document because I "pissed them off" speaking my mind candidly,....their statements were hilarious, however, their statements caused me"Grief" , emotional anguish, not to mention the loss of my DOD job. Anyone can write Fiction, (bad fiction) and church it up,...some are better at articulating this fiction then others are. Sadly, innocent people suffer. If you morally do not feel that the ends justify the means in writing a statement, because "others" wish you to jump on the Active duty, or Federal employee band wagon, then don't participate. Don't do it.
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SPC Bradley Burkhardt
You are damn well right about that statement. (Don't do it.) Even if the other clowns do do it. Brad.
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Contact JAG to ensure you and your own troops rights are not being violated and not going to put you in danger of being pursued as an accomplice. Until you also have representation it is in your best interest to not make a statement. No they cannot "force" you to make a sworn statement.
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Sgt Timothy Apel
They can mandate someone write a witness statement if there is an investigation. Just write the truth. If they pressure you to write something otherwise, which fits whatever narrative they are pursuing, then that would be illegal.
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CPO Carl Black
Their statement can be as simple as I was a such a such place on such a such date. Further information would come out in an investigation. Definitely make reports to JAG and immediate Command so you do not wind up in trouble.
FCC(SW) Carl Black (fleet reserve)
FCC(SW) Carl Black (fleet reserve)
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CMSgt David Allen
Contacting the JAG to ascertain your rights and obligations is the best advice. If it's optional, then follow your conscience. If it's obligatory, tell the truth.
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Immediately contact JAG and inform the command you are doing this, probably after the first meeting. Don't make a statement that is not intended or truthful.
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SGT William Howell
LTC John Shaw Sir, can you help me to understand the witness statement? I was of the belief that as long as an individual is not testifying against themselves they are required, if ordered, they have to make a sworn statement.
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